P. Jenifer v. Jude Ajay J
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.04.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA TR C.M.P.No. 916 of 2024 and C.M.P.No.20045 of 2024 P.Jenifer ... Petitioner Vs Jude Ajay J ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw IDOP No.2791 of 2024 pending on the file The Hon'ble II Additional Family Court, Chennai and transfer the same to The Hon'ble Family Court , Thanjavur. For Petitioner : Mr.A.C.Kumaragurubaran For Respondent : Served-No Appearance
ORDER
The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the I.D.O.P.No.2791 of 2024 pending on the file of the II Additional Family Court, Chennai and transfer the same to the file of the Family Court, Thanjavur.
2. The respondent-husband had filed I.D.O.P.No.2791 of 2024 on the 1/4
file of the II Additional Family Court, Chennai for divorce.
3. The petitioner-wife seeks transfer on the following grounds: (i) The petitioner and her minor girls are living at Thanjavur and the children are studying there.
(ii)The respondent-husband has not been giving any maintenance either to the petitoner or her children. (iii)Since the matter is pending before the II Additional Family Court, Chennai, she has to travel from Thanjavur to Chennai leaving behind her children.
4. Heard the learned counsel for the petitioner and perused the materials available on record. Though the respondent is served with notice, there is no representation for him either in person or through counsel.
5. Taking into consideration the facts and circumstances of the case and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and I.D.O.P.No.2791 of 2024 pending on the file of the II Additional Family Court, Chennai shall stand withdrawn and transferred to the file of the Family Court, Thanjavur. No 2/4
costs. Consequently, connected civil miscellaneous petition is closed. 03.04.2025 Index: Yes/No Speaking order/non-speaking order srn To,
1. The II Additional Family Court, Chennai
2. The Family Court , Thanjavur.
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P.T.ASHA, J., srn TR C.M.P.No. 916 of 2024 and C.M.P.No.20045 of 2024 03.04.2025 4/4